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(영문) 대전고등법원 (청주) 2015.10.15 2015노65

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one-third years of imprisonment and three hundred hours of completion of sexual assault treatment programs) is too unreasonable, which is unreasonable, on the grounds that the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “defendants”), and the lower court’s sentence is too

B. Prosecutor 1) The lower court’s judgment dismissing the Defendant’s request for attachment order on the ground that it is reasonable to view that the Defendant’s punishment on the part of the Defendant’s case is too uneasible and unreasonable. 2) As such, the lower court’s dismissal is unreasonable.

2. Determination

A. The court below held that each of the crimes of this case committed physical and emotional abuse against the victims under the name of the victim, which is a victim's friendship or a means of expression or admonition of the victim's child, and that the victims continuously committed indecent acts by compulsion and rape as an object of sexual desire, and that it is difficult for the victims to suffer physical and mental pain due to this, and that the victims still did not use the defendant, there are disadvantageous circumstances such as the victims' physical and mental pain. The defendant still seem to be against the defendant, and other favorable circumstances such as the defendant's age, character, family relationship, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., and the defendant completed sexual assault treatment program for the defendant for 13 years and 300 hours. The court below's decision is unreasonable or unreasonable in light of the circumstances asserted by the defendant and the prosecutor according to each of the records.

The grounds for appeal by the defendant and prosecutor are without merit.

B. The lower court on the part of the claim for attachment order, based on the evidence presented by the prosecutor, is likely to recommit a sexual crime against the Defendant.